Bill Text: PA HB2050 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Further providing for limitations of time for commencement of civil action arising from childhood sexual abuse.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-07 - Referred to JUDICIARY [HB2050 Detail]

Download: Pennsylvania-2011-HB2050-Introduced.html

---

PRINTER'S NO. 2849
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2050 Session of2011
INTRODUCED BY D. O'BRIEN, BISHOP, MURT, FABRIZIO AND READSHAW, DECEMBER 7, 2011
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 7, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
limitations of time for commencement of civil action arising
from childhood sexual abuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5533(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
(1) (i) If an individual entitled to bring a civil
action is an unemancipated minor at the time the cause of
action accrues, the period of minority shall not be
deemed a portion of the time period within which the
action must be commenced. Such person shall have the same
time for commencing an action after attaining majority as
is allowed to others by the provisions of this
subchapter.
(ii) As used in this paragraph, the term "minor"
shall mean any individual who has not yet attained 18
years of age.
(2) (i) If an individual entitled to bring a civil
action arising from childhood sexual abuse is under 18
years of age at the time the cause of action accrues, the
individual shall have a period of 12 years after
attaining 18 years of age in which to commence an action
for damages regardless of whether the individual files a
criminal complaint regarding the childhood sexual abuse.
(ii) For the purposes of this paragraph, the term
"childhood sexual abuse" shall include, but not be
limited to, the following sexual activities between a
minor and an adult, provided that the individual bringing
the civil action engaged in such activities as a result
of forcible compulsion or by threat of forcible
compulsion which would prevent resistance by a person of
reasonable resolution:
(A) sexual intercourse, which includes
penetration, however slight, of any body part or
object into the sex organ of another;
(B) deviate sexual intercourse, which includes
sexual intercourse per os or per anus; and
(C) indecent contact, which includes any
touching of the sexual or other intimate parts of the
person for the purpose of arousing or gratifying
sexual desire in either person.
(iii) For purposes of this paragraph, "forcible
compulsion" shall have the meaning given to it in 18
Pa.C.S. § 3101 (relating to definitions).
20110HB2050PN2849 - 2 -
(3) Notwithstanding any other provision of law, a civil
action that is permitted to be filed pursuant to paragraph
(2) but would otherwise be barred as of July 1, 2011, solely
because the statute of limitations has expired is revived,
and such a civil action may be commenced within two years of
July 1, 2011. Nothing in this subsection shall be construed
to alter the applicable statute of limitations period of a
civil action arising from childhood sexual abuse that is not
time barred as of July 1, 2011.
(4) If a person committing an act of childhood sexual
abuse against a minor was employed by an institution, agency,
firm, business, corporation or other public or private legal
entity that owed a duty of care to the victim, or the accused
and the minor were engaged in some activity over which the
entity had some degree of responsibility or control, damages
against the entity shall be awarded under paragraph (3) only
if there is a finding of gross negligence on the part of the
entity.
(5) If an individual or the individual's legal
representative has previously brought a civil action arising
from childhood sexual abuse and that suit has been dismissed
because it was filed beyond the statute of limitations that
applied at that time, the individual or the individual's
legal representative may petition the court to reopen the
action within the period provided in paragraph (3). The court
may grant the petition if it determines that any of the
following exist:
(i) The victim of the childhood abuse was under the
age of 30 at the time the statute of limitations expired.
(ii) The existence of newly discovered evidence
20110HB2050PN2849 - 3 -
that, with reasonable diligence, could not have been
discovered before the prior statute of limitations
expired.
(iii) Fraud, inexcusable neglect, misrepresentation
or misconduct by an opposing party.
(iv) Any other extraordinary circumstances that the
court believes are in the interest of justice.
Section 2. This act shall take effect immediately.
20110HB2050PN2849 - 4 -